PLANNING BOARD MEETING JUNE 26, 2006
Board Members Present Public Present
Schofield (Sandy) Andrews III Jean G. Fernald
James R. Bright, alt Phyllis Partridge
James Clunan Robert Collier
Heather Jones, Chairman Doug Hopkins
Gerard M. Miller, alt
Joseph Tracy
Patti Reilly, Secretary
Kim Keene, CEO; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. Board decided to take the minutes out of order and review at the end of the meeting.
III. Public Hearing
Conditional Use Permit Application
A. NAME: Richard Rockefeller
AGENT: Robert Collier, President, Frenchman's Bay Boating Co., Inc.
LOCATION: S.W. Alley's Point Bartlett's Island
TAX MAP: 13 LOT: 6 ZONE: SR5
PURPOSE: Construction of a pier, ramp and float system.
SITE INSPECTION: 2:30 P.M.
No conflict of interest was reported. The regular members present are the voting members for this hearing. Advertised in the Bangor Daily News and a copy will be placed with the application for the record.
Site Inspection was attended by Patti Reilly, Sandy Andrews, Jim Clunan, Heather Jones, and CEO Kim Keene, and reported by Patti Reilly. They met Mr. Collier, Mr. Pyne property manager, and Robin Clukey from the DEP. They observed the site located on the west side of the Island. Mrs. Reilly stated that the application appears to be exceptionally complete and described the site accurately. There will be minimal disturbance to the area. They have obtained approval from the Army Corp of Engineers and have applied to DEP. Mr. Andrews noted that the site is next to a headland therefore there will be very little visual impact.
MOTION TO APPROVE THE APPLICATION MADE BY Mr. Andrews; SECONDED BY Mr. Clunan.
Mr. Collier verbalized the plan as described on the application. Mr. Clunan asked about the alternative site and why they turned it down. Mr. Collier explained this site is the most protected from visual impact and offers the opportunity for the shortest overall length. They considered a seasonal pier that would be removed each season; however access would be difficult because Mr. Collier's barge is not large enough to lift it. The other site considered would necessitate a longer pier. Dr. Rockefeller previously used the main pier on the east side of the Island; however, his home is now on the west side 2.1 miles from the main pier. Accessing the main pier is often difficult due to the farming operation.
The Standards of Section 3.4.14.1 - 10 of the LUZO, as amended March 7, 2006, were reviewed; a vote was called and each standard was unanimously found to be in conformance, as noted on the application. The Standards of Section 6.1 - 6.10 of the LUZO, as amended March 7, 2006, were reviewed; a vote was called on each standard and each was unanimously found to be in conformance, as noted on the application.
CEO Keene asked that a condition be added requiring final approval of this application be subject to approval of the DEP application.
A VOTE WAS CALLED AND THE MOTION TO APPROVE THE APPLICATION, WITH THE ADDED CONDITION, CARRIED UNANIMOUSLY (5-0).
V. New Business (new agenda item)
A. Somesville Library Association
1116 Main St, Somesville
Tax Map 21 Lot 37 Zone SR2
Regarding the sign on the Somesville Library roof, Jean G. Fernald and Phyllis Partridge were present to explain. In a discussion a few years ago with former CEO Brent Hamor, Mr. Hamor suggested the existing sign would be "grandfathered" because there had been a sign previously. There was a period of time between the original sign (now missing) and the existing sign.
Mr. Clunan said he brought this issue up after reviewing the LUZO and finding many references to "shall"; particular to this subject in Section 8.6.5 [Sign Regulations: Restrictions and Limitations] "roof signs shall not be allowed…" In this instance the case might be made that the sign is grandfathered; there are pictures substantiating the existence of the sign, then and now. Mr. Clunan suggested that the Board make a finding that this particular sign is grandfathered. A lengthy discussion followed. Chairman Jones asked how long the sign had been removed. Mr. Bright asked if there is a time limit on grandfathering. Mr. Tracy suggested the pictorial evidence shows historically the way it was; replacing the sign would assist in restoring the building to its historic appearance. In partial answer to Chairman Jones' and Mr. Bright's questions, CEO Keene read from LUZO Section 4.4 [Non-Conforming Uses: Abandonment]. Abandonment only applies to use of building, structure, or
land. Sign does not meet the definition and the time period does not apply. Mr. Clunan referred to LUZO Preamble 1.3 and the Board agreed to make the following statement: In as much as one of the purposes of the Luzo is to preserve the Town's cultural and aesthetic resources, the Board finds that based on photographic evidence the library roof sign & finials are a "granfathered" feature worth preservation and are exempt from the provisions of LUZO Section 8.6 and that the library roof sign is not a structure, therefore the provisions of Section 4.4 concerning abandonment after an18 month time period does not apply.
Mr. Tracy expressed concerns about the use of the word shall in ordinances; specifically as it was applied in the Musetti subdivision application [allowed the grade within 75 feet of state highway to be changed from the required 2%]. Mr. Tracy read from Subdivision Ordinance Section 5.14.1, …Where an access road from a public road or highway is required to serve 3 or more lots, said access road shall be in accordance with the standards below… CEO Keene explained the reasoning; the Board may waive/modified conditions under Section 6.1. There was an issue of traffic and the width of the road to meet the grade. Mr. Bright agreed clarification of shall and may is needed in the ordinances. He also requested Board review the ordinances as they apply to
driveways and set back minimums required in that zone. CEO Keene said she has introduced such changes and the Comprehensive Plan Committee disagreed.
IV. Discussion: Topics for workshop discussions
Chairman Jones suggested that the Board use meetings with minimal permitting business as workshops.
Board discussed the Comprehensive Plan. Mr. Andrews suggested the Comprehensive Plan Committee needs feedback from the Board of Selectmen and the Planning Board; they meet every Wednesday at 4:00 p.m. Mr. Bright requested that Planning Board members receive a hardcopy of the most recent Plan. It was agreed that the Planning Board & Comprehensive Plan Committee need to meet. Chairman Jones suggested a question/answer interview type newspaper article might be helpful in educating the public
Board decided on the following topics for workshop discussion:
Shall vs may, as used in the LUZO and Subdivision Ordinance
Driveways
Private pier structure
Session with Comprehensive Plan Committee with a focus on the major revisions to the LUZO and Subdivision Ordinance
Educating developers about workforce housing
Vernal pools, aquifers
Drilled wells for subdivisions
Covenants
Subsurface wastewater systems on owned property vs pumping to another property
Impact fees
Chairman Jones will contact Jerry Suminsby about meeting dates for workshops.
V. New Business, continued
Chairman Jones introduced a letter from Town Manager Michael MacDonald regarding a letter of interest, dated May 16, 2006, from Mr. and Mrs. Kevin Wallace requesting the opportunity to bid on two lots of Town owned land. Chairman Jones has spoken with Town Manager MacDonald; however, she feels more information is need from the Board of Selectmen; she will pursue.
II. Continued
The draft minutes from the May 22, 2006 meeting were unanimously approved as amended.
V. Meeting adjourned at 8:40 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, July 10, 2006 in the Meeting Room, Town Hall, Northeast Harbor.
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